our country, like in other ones in the European Union, the issue of restorative justice has recently drawn public attention; it may be defined as the possible solution to a crime that involves the offender and – directly or indirectly – the community and/or the victim, aiming to repair the effects of the offense. Defined as “any process whereby the victim and the offender are enabled, if they freely consent, to participate actively in the resolution of matters arising from the crime through the help of an impartial third party (mediator)” (Appendix to Recommendation No. R (99) 19 of the Council of Europe), mediation is one of the prime examples of restorative justice. The lecture analyzes the legislative choices recently adopted in the Italian criminal system in a critical way, also in order to verify the possible uses of this form of A.D.R. in full compliance with the current criminal trial system and the fundamental guarantees of the accused.
LA MEDIACIÓN PENAL EN ITALIA ENTRE RESISTENCIAS CULTURALES, HERENCIAS INQUISIDORAS Y RESPETO POR LAS GARANTÍAS FUNDAMENTALES
dalia g.
2021-01-01
Abstract
our country, like in other ones in the European Union, the issue of restorative justice has recently drawn public attention; it may be defined as the possible solution to a crime that involves the offender and – directly or indirectly – the community and/or the victim, aiming to repair the effects of the offense. Defined as “any process whereby the victim and the offender are enabled, if they freely consent, to participate actively in the resolution of matters arising from the crime through the help of an impartial third party (mediator)” (Appendix to Recommendation No. R (99) 19 of the Council of Europe), mediation is one of the prime examples of restorative justice. The lecture analyzes the legislative choices recently adopted in the Italian criminal system in a critical way, also in order to verify the possible uses of this form of A.D.R. in full compliance with the current criminal trial system and the fundamental guarantees of the accused.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
